Suffolk New York Surrogate's Court Information

State:
New York
County:
Suffolk
Control #:
NY-SMISC-3
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PDF
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This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.

The Suffolk New York Surrogate's Court serves as the judicial body responsible for handling various legal matters related to estates, wills, trusts, and guardianship in Suffolk County, located on Long Island, New York. It is an essential part of the New York State Unified Court System and ensures the fair settlement of decedents' estates, protection of beneficiaries' interests, and appointment of legal guardians for minors or individuals who are incapacitated. The court provides a platform for proceedings involving the distribution of assets, determination of heirs and beneficiaries, validating or contesting wills, appointing administrators or executors, and resolving disputes related to estates. Its primary goal is to administer justice in matters of probate and estate administration, ensuring that the intentions of the deceased are carried out and assets are distributed in accordance with the applicable laws. Within the Suffolk New York Surrogate's Court, several specific types of cases are handled: 1. Probate Proceedings: These involve the validation and execution of wills. The court examines the authenticity of the document, ensures proper administration, resolves disputes among heirs or beneficiaries, and upholds the lawful distribution of assets. 2. Administration Proceedings: In cases where an individual dies without leaving a will (intestate), the court appoints an administrator to oversee the distribution of assets according to New York State laws and rules of intestacy. 3. Small Estates Proceedings: For estates with assets below a certain value, the court provides a simplified and expedited process to settle the estate, reducing costs and administrative burden. 4. Guardianship Proceedings: The Surrogate's Court appoints legal guardians for minors or individuals who are unable to manage their own affairs due to mental or physical incapacitation. These proceedings safeguard the interests of vulnerable individuals and ensure the appointment of responsible caretakers. 5. Accounting and Trusts: The court oversees the administration of trusts, reviewing periodic accounting submitted by trustees to ensure compliance with fiduciary duties and proper management of trust assets. To initiate proceedings in the Suffolk New York Surrogate's Court, interested parties must file the necessary paperwork and fees with the court clerk. It is important to consult with an attorney who specializes in estate planning and surrogate law to navigate the complexities of the court procedures and ensure compliance with legal requirements. Overall, the Suffolk New York Surrogate's Court plays a crucial role in facilitating the fair and efficient resolution of estate-related matters in Suffolk County. Whether it involves validating wills, distributing assets, appointing guardians, or overseeing trusts, the court helps bring legal closure and guarantees the protection of individuals' rights and wishes.

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FAQ

By going down to the court clerk's office and paying a fee, you can request and obtain a copy of the probate file of the decedent. If you don't live in the area, you can call the court clerk, and if they will not provide the information, you can hire a New York attorney to go to the Court to retrieve the file.

The short answer: 2 to 6 months. Typically 3 months. In the best-case scenario, getting your letters testamentary will take just 2 months. But typically, it takes 3 months to get a court appointment, even in the most straightforward and simplistic cases.

The Surrogate's Court is established in every county to hear cases involving the affairs of decedents, including the probate of wills, and the administration of estates and trust proceedings. Family, Supreme, and Surrogate's Courts have concurrent jurisdiction over guardianships of the person and property of infants.

The Surrogate Court handles all probate proceedings in New York. There is a court for each county in the state. You can visit the New York Courts website to find the court for the county where the decedent lived: The Courts, General Info ? N.Y. State Courts (nycourts.gov).

They have exceeded the time limit for a claim: Typically, a spouse must bring a claim to the New York Surrogate's Court within six months of the estate executor's appointment and two years after the deceased's death.

The Surrogate's Courts in every county in New York State are open, but your experience will depend on which county you're located in. Applications are accepted in every court as is efiling.

Courts are open, but access and procedures have changed.

The Surrogate's Court for Suffolk County can be found at 320 Center Drive, Riverhead, NY 11901. The main phone number for the court is 631-852-1746. The phone number for administration of small estates is 631-852-1713 and the number of the guardianship department is 631-852-1735.

A Petition for Probate must be filed in the county that the deceased resided at the date of death. The petition must be filed with the original last will and testament, death certificate, and court filing fee. Additional supporting documents and affidavits may be required depending on the circumstances.

Suffolk Surrogate Judge Theresa Whelan Presentation.

More info

It also handles certain types of guardianship proceedings and adoptions. These forms must be filled out in person.New York Surrogate's Court Procedure Act SCP NY SURR CT PRO Section 1719. Read the code on FindLaw. Fiduciary Name: Fiduciary Complete Address: : :______. 1. The undersigned is the owner and holder of a claim against the above named estate. The term probate court is a common term loosely referring to the probate division located within a state or county courthouse. This is a New York form and can be use in Surrogates Court Statewide. FRANK M. VOLZ is an attornery registered with New York State, Unified Court System, Office of Court Administration. The admitted year is 1998.

Applicant: FRANK M. VOLS Title: Registered New York Surrogate's Court Guardian. 2. Name, address, and phone number of the person you reside with. Date of birth: ____________________________. 3. If in order and for the time of adoption, a surrogate will have parental rights to the infant in the following order of preference: A. Father B. Mother C. Grandmother (3 or fewer) D. Brother or Sister E. Unmarried Child (5 or more) F. Domestic partner. Please describe the parents you wish to adopt in the manner you choose. (Note: the order does not have to be completed in numerical order.) This should be filled out in person along with a copy or a partial copy or a facsimile of the birth certificate, police report, or court order authorizing adoption: Parental Name: DAD Name: MOTHER Name: Grandmother Name DATE OF BIRTH Date of Adoption: ADOPTIONS PLACE: 4. Please describe how, if at all, you may be able to care for the child while you are being considered as a parent for the child. A.

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Suffolk New York Surrogate's Court Information